Definitions

"approval under another enactment" means an approval, licence, permit
or other authorization under another enactment and "approvals under other
enactments" has a corresponding meaning;

"assessment" means an assessment under this Act of a reviewable
project's potential effects that is conducted in relation to an application
for

(a) an environmental assessment certificate, or

(b) an amendment of an environmental assessment certificate;

"assessment report" means a written report submitted to ministers under
section 17
(2), summarizing the procedures followed during, and the findings of, an
assessment;

"class assessment" means an assessment conducted under section 20 of
some or all of the potential effects of a specified category of projects, and includes a
set of measures or conditions for managing some or all of the potential adverse effects
of the specified category of projects to the satisfaction of the executive
director;

"proponent" means a person or an organization that proposes to
undertake a reviewable project, and includes the government of Canada, British Columbia,
a municipality or regional district, another province, another jurisdiction and a first
nation;

"responsible minister" means the member of the Executive Council that
the Lieutenant Governor in Council designates by order as the minister responsible for a
specified reviewable project or specified category of reviewable projects;

"reviewable project" means a project that is within a category of
projects prescribed under section 5 or that is designated by the minister under
section
6 or the executive director under section 7, and includes

(a) the facilities at the main site of the project,

(b) any off-site facilities related to the project that the executive director or
the minister may designate, and

(c) any activities related to the project that the executive director or the
minister may designate.

Part 2 — Administration and Application of the Environmental Assessment Process

Environmental Assessment Office

2(1) The Environmental Assessment Office is continued as an office of the
government.

(2) The purpose of the Environmental Assessment Office is to carry out the
responsibilities given to it under this Act.

Appointment of executive director

3(1) The Lieutenant Governor in Council must appoint an individual to be the
Executive Director of the Environmental Assessment Office.

(2) The Lieutenant Governor in Council may establish the remuneration and other
terms of the appointment of the executive director.

Delegation by executive director

4(1) The executive director, by conditional or unconditional written authority, may
delegate any of the powers and duties of the executive director under this Act to any
person

(a) employed in the Environmental Assessment Office, or

(b) assigned to the Environmental Assessment Office although not employed in that
office.

(2) A person to whom the executive director delegates powers and duties under
subsection
(1) may exercise the powers and must perform the duties in accordance with
the written authority.

Reviewable projects established by regulation

5(1) The Lieutenant Governor in Council may make regulations prescribing what
constitutes a reviewable project for the purposes of this Act.

(2) For the purpose of a regulation under subsection (1), the Lieutenant
Governor in Council by regulation may

(a) categorize projects according to size, production or storage capacity, timing,
geographical location, potential for adverse effects, type of industry to which the
projects are related, type of proponent or on any other basis that the Lieutenant
Governor in Council considers appropriate, and

(b) provide differently for the different categories of projects.

(3) [Repealed B.C. Reg. 342/06.]

(4) [Repealed 2003-55-72.]

Minister's power to designate a project as reviewable

6(1) Even though a project does not constitute a reviewable project under the
regulations, the minister by order may designate the project as a reviewable project
if

(a) the minister is satisfied that the project may have a significant adverse
environmental, economic, social, heritage or health effect, and that the designation
is in the public interest, and

(b) the minister believes on reasonable grounds that the project is not
substantially started at the time of the designation.

(2) A project designated as a reviewable project under subsection (1) is one for which
an environmental assessment certificate is required.

Application to executive director for reviewable project
designation

7(1) A person who proposes a project that is not a reviewable project under section 6 of
this Act or under the regulations may apply to the executive director for the project to
be designated as a reviewable project.

(2) An application under subsection (1) must

(a) be in writing, and

(b) state why the applicant wishes the project to be designated as a reviewable
project.

(3) After considering an application under subsection (1), and the
accompanying reasons, the executive director by order may

(a) grant the application by designating the project as a reviewable project,
or

(b) refuse to grant the application.

Requirement for environmental assessment certificate

8(1) Despite any other enactment, a person must not

(a) undertake or carry on any activity that is a reviewable project, or

(b) construct, operate, modify, dismantle or abandon all or part of the facilities
of a reviewable project,

unless

(c) the person first obtains an environmental assessment certificate for the
project, or

(d) the executive director, under section 10 (1) (b), has
determined that an environmental assessment certificate is not required for the
project.

(2) Despite any other enactment, if an environmental assessment certificate has been
issued for a reviewable project, a person must not

(a) undertake or carry on an activity that is authorized by the certificate,
or

(b) construct, operate, modify, dismantle or abandon all or part of the project
facilities that are authorized by the certificate,

except in accordance with the certificate.

Reviewable projects on treaty lands

8.1Despite any other enactment and whether or not an environmental assessment
certificate is required, a reviewable project may not proceed on treaty lands without the
consent of the treaty first nation if the final agreement requires this
consent.

Effect on approvals under other enactments

9(1) Despite any other enactment, a minister who administers another enactment, or an
employee or agent of the government or of a municipality or regional district, must not
issue an approval under another enactment for a person to

(a) undertake or carry on an activity that is a reviewable project, or

(b) construct, operate, modify, dismantle or abandon all or part of the facilities
of a reviewable project,

unless satisfied that

(c) the person has a valid environmental assessment certificate for the reviewable
project, or

(d) there is in effect a determination under section 10 (1) (b) that an
environmental assessment certificate is not required for the project.

(2) Despite any other enactment, an approval under another enactment is without
effect if it is issued contrary to subsection (1).

Part 3 — Environmental Assessment Process

Determining the need for assessment

10(1) The executive director by order

(a) may refer a reviewable project to the minister for a determination under
section 14,

(b) if the executive director considers that a reviewable project will not have a
significant adverse environmental, economic, social, heritage or health effect, taking
into account practical means of preventing or reducing to an acceptable level any
potential adverse effects of the project, may determine that

(i) an environmental assessment certificate is not required for the project,
and

(ii) the proponent may proceed with the project without an assessment,
or

(c) if the executive director considers that a reviewable project may have a
significant adverse environmental, economic, social, heritage or health effect, taking
into account practical means of preventing or reducing to an acceptable level any
potential adverse effects of the project, may determine that

(i) an environmental assessment certificate is required for the project,
and

(ii) the proponent may not proceed with the project without an
assessment.

(2) The executive director may attach conditions he or she considers necessary to an
order under subsection (1) (b).

(3) A determination under subsection (1) (b) does not relieve the proponent from
compliance with the applicable requirements pertaining to the reviewable project under
other enactments.

11(1) If the executive director makes a determination set out in section 10 (1)
(c) for a reviewable project, the executive director must also determine by
order

(a) the scope of the required assessment of the reviewable project, and

(b) the procedures and methods for conducting the assessment, including for
conducting a review of the proponent's application under section 16, as part of the
assessment.

(2) The executive director's discretion under subsection (1) includes but is
not limited to the discretion to specify by order one or more of the
following:

(a) the facilities at the main site of the reviewable project, any of its off-site
facilities and any activities related to the reviewable project, which facilities and
activities comprise the reviewable project for the purposes of the
assessment;

(b) the potential effects to be considered in the assessment, including potential
cumulative environmental effects;

(c) the information required from the proponent

(i) in relation to or to supplement the proponent's application, and

(ii) at specified times during the assessment, in relation to potential effects
specified under paragraph (b);

(d) the role of any class assessment in fulfilling the information requirements
for the assessment of the reviewable project;

(e) any information to be obtained from persons other than the proponent with
respect to the potential effects specified under paragraph (b);

(f) the persons and organizations, including but not limited to the public, first
nations, government agencies and, if warranted in the executive director's opinion,
neighbouring jurisdictions, to be consulted by the proponent or the Environmental
Assessment Office during the assessment, and the means by which the persons and
organizations are to be provided with notice of the assessment, access to information
during the assessment and opportunities to be consulted;

(g) the opportunities for the persons and organizations specified under paragraph
(f), and for the proponent, to provide comments during the assessment of
the reviewable project;

(h) the time limits for steps in the assessment procedure that are additional to
the time limits prescribed for section 24 or under section 50 (2) (a).

(3) The assessment of the potential effects of a reviewable project must take into
account and reflect government policy identified for the executive director, during the
course of the assessment, by a government agency or organization responsible for the
identified policy area.

Limits on discretion of executive director

12The executive director's discretion to make a determination under section 11 (1)
for a reviewable project does not include the discretion to consign the assessment of the
reviewable project to

(a) a commission,

(b) a hearing panel, or

(c) a person not employed in or assigned to the environmental assessment
office.

14(1) If the executive director under section 10 (1) (a) refers a
reviewable project to the minister, the minister by order

(a) may determine the scope of the required assessment of the reviewable project,
and

(b) may determine procedures and methods for conducting the assessment, including
for conducting as part of the assessment a review, under section 16 (6), of the
proponent's application.

(2) The minister's discretion under this section to determine scope, procedures and
methods includes but is not limited to the discretion by order to exercise any of the
powers in section 11 (2).

(3) An order of the minister making a determination under this section
may

(a) require that the assessment be conducted

(i) by a commission that the minister may constitute for the purpose of the
assessment, consisting of one or more persons that the minister may appoint to the
commission,

(ii) by a hearing panel, with a public hearing to be held by one or more persons
that the minister may appoint to the hearing panel, or

(iii) by any other method or procedure that the minister considers appropriate and
specifies in the order, and by the executive director or other person that the
minister may appoint, and

(b) delegate any of the minister's powers under this section to make orders
determining scope, procedures and methods to

(i) the executive director, or

(ii) a commission member, hearing panel member or another person, depending on
which of them is responsible for conducting the assessment.

(4) For the purposes of an assessment conducted under this section by a commission
or hearing panel, the minister, by order, may confer on the commission or hearing panel,
as the case may be, the powers, privileges and protection of a commission under sections
16, 17, 22 (1), 23 (a), (b) and (d) to (f) and 32 of the
Public Inquiry Act.

Variation of scope, procedures and methods by minister

15(1) In relation to an assessment of a reviewable project, the minister by order
may

(a) vary the scope, procedures and methods determined under section 14,
or

(b) provide for the executive director, a commission member, hearing panel member
or another person to vary the scope, procedures and methods, depending on whether the
commission, hearing panel or other person is responsible for conducting the
assessment

for either of the following reasons:

(c) to take into account modifications proposed for the reviewable project by the
proponent, including any modification proposed in relation to an application submitted
under section 16;

(d) if necessary in the minister's opinion to complete an effective and timely
assessment of the reviewable project.

(2) The minister may delegate the discretion under subsection (1) to a commission,
member, hearing panel member, the executive director or another person, depending on
which of them is responsible for conducting the assessment.

Applying for environmental assessment certificate

16(1) The proponent of a reviewable project for which an environmental assessment
certificate is required under section 10 (1) (c) may apply for an environmental
assessment certificate by applying in writing to the executive director and paying the
prescribed fee, if any, in the prescribed manner.

(2) An application for an environmental assessment certificate must contain the
information that the executive director requires.

(3) The executive director must not accept the application for review unless he or
she has determined that it contains the required information.

(4) On accepting the application for review, the executive director

(a) must notify the proponent of the acceptance for review, and

(b) may require the proponent, for the purpose of the review, to supply a
specified number of paper or electronic copies of the application, in the format
specified by the executive director.

(5) On receipt of the copies of the application required under subsection (4), the
executive director must proceed with and administer the review of the application in
accordance with the assessment procedure determined under section 11 (1) or as varied under
section 13.

(6) The proponent of a reviewable project for which the minister has made a
determination under section 14 may apply for an environmental assessment certificate in
the manner determined by the minister, and must pay any prescribed fee in the prescribed
manner.

Decision on application for environmental assessment
certificate

17(1) On completion of an assessment of a reviewable project in accordance with the
procedures and methods determined or varied

(a) under section 11 or 13 by the executive director,

(b) under section 14 or 15 by the minister, or

(c) under section 14 or 15 by the executive director, a commission member,
hearing panel member or another person

the executive director, commission, hearing panel or other person, as the case
may be, must refer the proponent's application for an environmental assessment
certificate to the ministers for a decision under subsection (3).

(2) A referral under subsection (1) must be accompanied by

(a) an assessment report prepared by the executive director, commission, hearing
panel or other person, as the case may be,

(b) the recommendations, if any, of the executive director, commission, hearing
panel or other person, and

(c) reasons for the recommendations, if any, of the executive director,
commission, hearing panel or other person.

(3) On receipt of a referral under subsection (1), the
ministers

(a) must consider the assessment report and any recommendations accompanying the
assessment report,

(b) may consider any other matters that they consider relevant to the public
interest in making their decision on the application, and

(c) must

(i) issue an environmental assessment certificate to the proponent, and attach
any conditions to the certificate that the ministers consider necessary,

(ii) refuse to issue the certificate to the proponent, or

(iii) order that further assessment be carried out, in accordance with the scope,
procedures and methods specified by the ministers.

(4) The executive director must deliver to the proponent the decision and the
environmental assessment certificate, if granted.

Duration and effect of certificate

18(1) An environmental assessment certificate must specify a deadline, at least
3 years and not more than 5 years after the issue date of the certificate, by which time
the holder of the certificate, in the reasonable opinion of the minister, must have
substantially started the project.

(2) However, the holder of an environmental assessment certificate may apply in
writing to the executive director for an extension of the deadline specified in the
environmental assessment certificate, stating why the proponent wishes an extension of
the deadline.

(3) On receipt of an application under subsection (2), the minister or
the executive director must complete a review of

(a) the application, and

(b) the reasons given under subsection (2),

in accordance with any procedure determined by the minister or the executive
director to assess the proposed extension.

(4) The minister or the executive director may

(a) extend the deadline specified in the environmental assessment certificate, on
one occasion only, for not more than 5 years, or

(b) refuse to extend the deadline.

(5) After the deadline specified under subsection (1) or, if an
extension is granted under subsection (4), after the period of the extension, if
the project has not yet been substantially started, in the reasonable opinion of the
minister, the environmental assessment certificate expires.

(6) After a reviewable project is substantially started, in the reasonable opinion
of the minister as set out in subsection (1) or (5), the certificate remains in effect
for the life of the project, subject to cancellation or suspension under
section 37.

Amending environmental assessment certificate

19(1) A holder of an environmental assessment certificate may apply in writing to the
executive director to amend the certificate, stating the holder's reasons, and must pay
any prescribed fee in the prescribed manner.

(2) The executive director must consider an application under subsection
(1) and the reasons stated, in accordance with any procedures, determined
by the executive director, for the assessment of the proposed change, including any time
limits.

(3) After considering the application under subsection (1), the executive
director, or the minister if the executive director refers the application to the
minister, must

(a) amend the environmental assessment certificate, varying or deleting conditions
of the certificate or attaching new conditions to the certificate that the executive
director or the ministers consider necessary, or

(b) refuse to amend the certificate.

(4) The executive director must deliver a decision under subsection
(3) of the executive director or of the minister to the holder of the
environmental assessment certificate.

(5) In an environmental assessment certificate granted under section 17,
the ministers may provide for an amendment procedure to be followed if changes to the
certified project that are of a type specified in the certificate as requiring
assessment are proposed by the holder of the certificate.

(6) Any amendment procedure provided for in an environmental assessment certificate
under subsection (5) may specify that, at the conclusion of the assessment of
the proposed change or changes, either the executive director or the minister may make a
decision under subsection (3), and may add to, vary or delete conditions in the
certificate.

Part 4 — Special Provisions for Environmental Assessment Process

Class assessments and their effect on application
requirements

20(1) The executive director, in accordance with the prescribed procedures, may
undertake and approve

(b) a full class assessment of the potential adverse environmental, economic,
social, heritage or health effects of a specified category of reviewable
projects.

(2) In accordance with prescribed procedures, the executive director may specify
conditions and circumstances under which a proponent of a reviewable project

(a) in a specified category referred to in subsection (1) (a), in
applying for an environmental assessment certificate, is exempt from the requirement
to provide information for the assessment of effects of the type that were the subject
of the partial class assessment, or

(b) in a specified category referred to in subsection (1) (b) may proceed
with the reviewable project without an assessment or an environmental assessment
certificate, subject to compliance with the requirements for the project under other
enactments.

(3) A proponent of a reviewable project in a specified category referred to in
subsection
(1) (a) to whom subsection (2) (a) applies must comply with the
requirements of the relevant partial class assessment referred to in subsection (1)
(a).

(4) A proponent of a reviewable project in a specified category referred to in
subsection
(1) (b) to whom subsection (2) (b) applies must comply with

(a) the requirements of the relevant full class assessment referred to in
subsection
(1) (b), and

(b) the requirements for the project under other enactments.

Policy direction from ministers during assessment

21(1) If an application for an environmental assessment certificate is considered
under section 16, or an application to amend an environmental assessment certificate is
reviewed under section 19, the executive director, either before or during the review of
the application, may refer a policy matter to the minister or ministers responsible for
the policy area for clarification and direction.

(2) Any clarification and direction provided under subsection (1) by one or more
ministers to the executive director must be reflected in the assessment conducted by the
executive director under section 16 or 19.

(3) The minister or ministers providing clarification and direction under this
section may also recommend to the ministers responsible for making a decision under
section 17
(3) that

(a) the assessment being conducted by the executive director be terminated,
and

(b) an environmental assessment certificate not be issued for the reviewable
project that is the subject of the assessment.

(4) On receipt of any recommendations under subsection (3), or if the ministers to
which a referral is made under subsection (1) are the same ministers who are responsible
for making a decision under section 17 (3), the ministers may

(a) terminate the review, and notify the proponent that an environmental
assessment certificate will not be issued for the project, stating the reasons for
their decision, or

(b) decline to terminate the review, and instruct the executive director to
continue the assessment in accordance with any direction they may provide.

Advice from consultants and mediators during assessment

22(1) The executive director, and, subject to any restrictions imposed by the
minister, a commission, hearing panel or another person appointed under section 14
(3) may retain consultants and mediators and set their remuneration and the
terms of their retainers.

(2) All or part of the advice and recommendations of consultants and mediators
retained under subsection (1) may be reflected in the assessment report and in any
recommendations submitted to the ministers under section 17 (2).

Concurrent approval process under another enactment

23(1) A proponent of a reviewable project that is undergoing assessment may apply, in
accordance with the regulations, for concurrent review of one or more applications for
approvals under other enactments to construct, operate, modify, dismantle or abandon the
project.

(2) In determining under section 14 the procedure for assessment of a
reviewable project, if the minister provides for the concurrent review of applications
for approvals under other enactments to construct, operate, modify, dismantle or abandon
a reviewable project, the proponent may apply for concurrent review in accordance with
those procedures.

(3) The minister, in relation to an application for an environmental assessment
certificate referred to the minister for a determination under section 14,

(a) may provide for a commission, a hearing panel, the executive director or
another person, as the case may be, referred to in section 14 (3) to inquire
into, and recommend whether, approval of applications made by the proponent for one or
more approvals under other enactments that the minister specifies should be granted,
and

(b) if granting of the approvals is recommended, and the ministers issue an
environmental assessment certificate, the minister may order the person, board,
tribunal or agency that has the authority to issue the approvals under other
enactments to issue them

(i) within a specified time,

(ii) in accordance with any conditions specified in the order, and

(iii) subject to other reasonable conditions that the person, board, tribunal or
agency considers appropriate.

(4) Despite another enactment, the issuance of an approval under another enactment
specified under subsection (3) by the minister is

(a) final and binding, and

(b) not subject to review or appeal under that specified enactment or under the
Act of which that enactment forms part.

Time limits

24(1) The following assessment steps must be completed within the prescribed time
limits:

(a) the evaluation of, and decision on accepting, an application for review under
section
16;

(b) the review of an application under section 16;

(c) the making of a decision under section 17 on an
application;

(d) a decision on an application for concurrent review under section 23 of one or
more applications for approvals under other enactments.

(2) The executive director may suspend the time limit prescribed for
subsection (1) (b) if the executive director requires the proponent to provide
additional information to complete the review under section 16, or if the review is
delayed at the request of the proponent or because of action taken or not taken by the
proponent.

(3) At any time after the executive director or the minister has determined under
section 11 or 14 the information required for an application, the executive director or
the minister may suspend or terminate an assessment under this Act if, after being
requested to provide information in an application or at any other time in the
assessment, the proponent does not provide the information within the prescribed
period.

(4) The minister or the executive director may extend by order, with or without
conditions, the time limit for doing anything under this Act, and may order an extension
even if the time limit has expired.

Project information centre

25(1) For the purpose of facilitating public access to information and records
relating to assessments conducted under this Act, the former project registry is
continued in the Environmental Assessment Office as the project information centre, to
be administered and maintained by the executive director.

(2) The executive director may determine

(a) which records relating to assessments conducted under this Act are to be
available to the public through the project information centre, and

(b) in which form or format the records are to be made available.

Discretion as to non-written comments

26For an assessment of a reviewable project in accordance with the procedures and
methods determined

(a) under section 11 or 13 by the executive director,

(b) under section 14 or 15 by the minister, or

(c) under section 14 or 15 by a commission member, hearing panel member, the
executive director or another person

the executive director, commission, hearing panel or other person, as the case may
be, may agree to accept for the purposes of this Act any non-written comments in response
to an invitation to comment during an assessment, if the comments are recorded in a form
that is approved by the body or person accepting the non-written comments.

Agreements

27(1) The minister may enter into an agreement regarding any aspect of environmental
assessment with another jurisdiction including but not limited to

(a) Canada,

(b) one or more provinces or territories,

(c) one or more municipalities or regional districts in British Columbia,
or

(d) one or more neighbouring jurisdictions outside Canada.

(2) The minister may enter into an agreement regarding any aspect of environmental
assessment with any agency, board, commission or other organization, of British Columbia
or of another jurisdiction.

(3) An agreement under this section may

(a) provide for arrangements with any other party or jurisdiction regarding
research and development,

(b) provide for special assessment procedures and methods with any other party or
jurisdiction, arising from innovation, technological developments or changing
approaches to environmental assessment,

(c) establish notification and information-sharing arrangements with any other
party or jurisdiction,

(d) provide for a means to accept another party's or jurisdiction's assessment as
being equivalent to an assessment required under this Act,

(e) determine which aspects of a proposal or project are governed by the laws of
each jurisdiction, and

(f) establish procedures with another party or jurisdiction to cooperatively
complete an environmental assessment of a project through

(i) acknowledging, respecting and delineating the roles of each jurisdiction in
the process,

(ii) providing for efficiency measures in environmental assessment to avoid
overlap and duplication and to ensure timely results,

(v) adopting any other measure considered necessary by each party or
jurisdiction.

Variations to accommodate agreements with other
jurisdictions

28Effective on the date of an agreement under section 27, and for as long as the
agreement remains in effect, both this Act and the regulations are by this section deemed
to be varied, in their application to or in respect of a reviewable project that is the
subject of the agreement, to the extent necessary to accommodate that
agreement.

Agreements with Nisga'a
Nation

29The minister may enter into agreements for the purposes set out in paragraph 1 of
the Environmental Assessment and Protection chapter of the
Nisga'a Final Agreement.

Agreements and consultations with treaty first nations

29.1(1) If a final agreement requires the government to negotiate with a treaty first
nation and attempt to reach agreement on harmonizing the government's and treaty first
nation's procedures in relation to evaluating proposed developments on the treaty lands
of the treaty first nation, the minister, on behalf of the government, may enter into an
agreement reached in the negotiation.

(2) If a reviewable project

(a) is proposed for land specified in a final agreement as land in relation to
which notice of a reviewable project is required in the circumstances described in
paragraph
(b), and

(b) may reasonably be expected to adversely affect the treaty lands of the treaty
first nation, the residents of those treaty lands or the rights of the treaty first
nation under the final agreement,

the executive director, on receiving the proposal, must

(c) promptly give notice of the project, along with relevant information about the
project, to the treaty first nation,

(d) consult, within the meaning of the final agreement of the treaty first nation,
with the treaty first nation, and

(e) ensure that the treaty first nation has an opportunity to participate in any
environmental assessment of the project.

Suspension of assessment process pending other
inquiries

30(1) At any time during the assessment of a reviewable project under this Act, and
before a decision under section 17 (3) about the proponent's application for
an environmental assessment certificate or a decision under section 19
(3) about the proponent's application to amend an environmental assessment
certificate, the minister by order may suspend the assessment until the outcome of any
investigation, inquiry, hearing or other process that

(a) is being or will be conducted by any of the following or any combination of
the following:

(i) the government of British Columbia, including any agency, board or
commission of British Columbia;

(ii) the government of Canada;

(iii) a municipality or regional district in British Columbia;

(iv) a jurisdiction bordering on British Columbia;

(v) another organization, and

(b) is material, in the opinion of the minister, to the assessment, under this
Act, of the reviewable project.

(2) If a time limit is in effect under this Act at the time that an assessment is
suspended under subsection (1), the minister may suspend the time limit until the
assessment resumes.

Varying assessment process for emergency or other
circumstance

31(1) If the minister considers that

(a) there is or will be an emergency or other circumstance that warrants or will
warrant the variation of one or more provisions of this Act or the regulations, as the
provisions apply to or in respect of a specified reviewable project or a specified
category of reviewable projects, and

(b) the variation is in the public interest,

the minister may order a variation that the minister considers necessary to
respond to the emergency or other circumstance.

(2) The minister may

(a) attach conditions to an order made under subsection (1),

(b) categorize reviewable projects for the purpose of an order made under this
section, including into categories that may differ from the categories of reviewable
projects prescribed under section 5, and

(c) provide differently in an order under this section for different reviewable
projects or for different categories of reviewable projects.

(3) An order under subsection (1) is final and binding.

(4) With an order under subsection (1), the minister must identify the nature
of the emergency or other circumstance.

Assessment costs may be recovered

32The executive director or the minister may order the proponent of a reviewable
project or the holder of an environmental assessment certificate to pay prescribed fees or
prescribed charges for all or part of the costs that are incurred by or on behalf of the
Environmental Assessment Office, a commission, hearing panel or other party, as the case
may be, in carrying out an assessment of the reviewable project under this Act.

Part 5 — Sanctions

Inspection power

33(1) For any purpose related to the administration or enforcement of this Act or the
regulations, a person authorized in writing by the minister may

(a) enter at any reasonable time on property that is the site of a reviewable
project, and

(b) inspect any works or activity connected with the reviewable
project.

(2) A person who enters on property under subsection (1), on request, must
provide proof of identity to a person present on the property.

Minister's order to cease or remedy

34(1) If the minister considers that a reviewable project is not being constructed,
operated, modified, dismantled or abandoned or, in the case of an activity that is a
reviewable project, carried out, in accordance with an environmental assessment
certificate, the minister,

(a) if an environmental assessment certificate for the reviewable project has not
been issued or has been issued but does not remain in effect, may order that
construction, operation, modification, dismantling or abandonment of the project
cease, or that the activity cease, either altogether or to the extent specified by the
minister, until the proponent obtains an environmental assessment certificate,
or

(b) if an environmental assessment certificate for the reviewable project has been
issued and remains in effect, may

(i) order that construction, operation, modification, dismantling or abandonment
of the project cease, or that the activity cease, either altogether or to the extent
specified by the minister, until the holder of the certificate complies with it,
or

(ii) order that the holder of the certificate carry out, within the time to be
specified in the order, measures specified by the minister in order to mitigate the
effects of non-compliance.

(2) If the minister considers that a person is not complying or has not complied
with an order under this Act, in this section called the "original order", the minister
may

(a) order the person to comply with the original order, and

(b) specify in the order measures to address the non-compliance and the time
within which it must be remedied.

(3) An order under this section may be made to apply generally or to one or more
persons named in the order.

Supreme Court order for compliance

35(1) If the minister considers that any person or organization is not complying or
has not complied with an order made under this Act, the minister may apply to the
Supreme Court for either or both of the following:

(a) an order directing the person or organization to comply with the order or
restraining the person or organization from violating the order;

(b) an order directing the directors and officers of the person or organization to
cause the person or organization to comply with or to cease violating the
order.

(2) On application by the minister under this section, the Supreme Court may make an
order it considers appropriate.

Compliance agreement

36(1) If the minister considers it appropriate to do so, the minister may give the
holder of an environmental assessment certificate an opportunity to make a written
compliance agreement with the minister, by which the holder undertakes to comply with
the environmental assessment certificate within the time and on the terms specified in
the agreement.

(2) Despite a written compliance agreement, the minister may make an order referred
to in section 34 in respect of the holder of an environmental assessment certificate or
another person that is the subject of an order under section 34

(a) on matters not covered by the agreement,

(b) if the agreement is not complied with, on matters covered in the agreement,
and

(c) on matters covered in the agreement if all the material facts related to those
matters were not known by the minister at the time of the agreement.

(3) On the application of a holder of an environmental assessment certificate that
has a compliance agreement with the minister, the minister may approve an alteration of
the agreement.

Suspension, cancellation and amendment of certificates

37(1) For any of the reasons listed in subsection (2), the minister by
order may

(a) suspend all or some of the rights of the holder of an environmental assessment
certificate under the certificate or cancel an environmental assessment certificate,
or

(b) amend or attach new conditions to an environmental assessment
certificate.

(2) The reasons referred to in subsection (1) are as follows:

(a) the holder of the environmental assessment certificate does not substantially
start the project by the deadline specified in the certificate;

(b) the minister has reasonable and probable grounds to believe that the holder of
the certificate is in default of

(i) an order of the Supreme Court made under section 35, 45 or
47,

(ii) an order of the minister made under section 34 or 36 (2),
or

(iii) one or more requirements of the certificate;

(c) the holder of the certificate has been convicted of an offence under this
Act;

(d) the holder of the certificate is in default of an order made under section 32
that the proponent pay costs.

(3) Any amendment made or condition attached to an environmental assessment
certificate under this section is conclusively deemed to be part of the certificate,
whether contained in or attached to it or contained in a separate document.

Notice requirements

38(1) Except in a situation that the minister considers to be an emergency that
warrants immediate action without notice to the holder or former holder of an
environmental assessment certificate, the minister must not make an order under
section 37 without first giving the holder or former holder an opportunity to be
heard.

(2) Immediately after the minister makes an order under section 37
or gives notice under subsection (1), the executive director must deliver a copy of the
order or notice to the holder of the certificate or the former holder, as the case may
be.

(3) Not later than 15 days after delivery under subsection (2) of a copy of the
order or notice, the holder or former holder of the certificate, if not given an
opportunity to be heard before the making of the order, may require an opportunity to be
heard by the minister, by written notice delivered to the minister.

Opportunity to be heard

39As soon as practicable after receiving written notice under section 38
(3), the minister must give the holder or former holder who delivered the
notice an opportunity to be heard.

Reinstatement of certificate

40The minister by order may

(a) cancel a condition, attached under section 37, of an environmental
assessment certificate, or

(b) subject to any conditions the minister considers appropriate, reinstate an
environmental assessment certificate that under section 37 has been suspended or
cancelled.

Offences

41(1) Section 5 of the Offence Act does not apply to this Act or the regulations.

(2) A person commits an offence who

(a) contravenes section 8 (1) or (2),

(b) does not comply with

(i) an environmental assessment certificate, or

(ii) an order referred to in section 34 or 35, or

(c) makes a statement in a record filed or provided under this Act that is false
or misleading with respect to a material fact or that omits to state a material fact,
the omission of which makes the statement false or misleading.

(3) A person does not commit an offence under subsection (2) (c) if at the
time of the statement the person did not know that the statement was false or misleading
and, exercising due diligence, could not have known that the statement was false or
misleading.

(4) If a corporation commits an offence under this Act, any employee, officer,
director or agent of the corporation who authorizes, permits or acquiesces in the
offence commits the same offence whether or not the corporation is convicted of the
offence.

Effect of voluntary compliance agreement

42An environmental assessment certificate holder that

(a) enters into a voluntary compliance agreement approved under section 36
by the minister, and

(b) is complying fully with the agreement

does not commit an offence under section 41 (2) in respect of a
contravention of this Act that the agreement is intended to rectify.

Penalties

43A person who commits any offence under section 41 is liable,

(a) in the case of a corporation on a first conviction, to a fine of not more than
$100 000 and, on each subsequent conviction, to a fine of not more than $200 000,
and

(b) in the case of an individual

(i) on a first conviction, to a fine of not more than $100 000 or to imprisonment
for not more than 6 months or to both, and

(ii) on each subsequent conviction, to a fine of not more than $200 000 or to
imprisonment for not more than 12 months or to both.

Remedies preserved

44A proceeding, conviction or penalty for an offence under this Act does not relieve
a person from any other liability.

Court order to comply

45If a person is convicted of an offence under this Act, then, in addition to any
punishment the court may impose, the court may order the person to comply with the
provisions of this Act.

Limitation period

46A proceeding for an offence under this Act may not be commenced in any court more
than 3 years after the facts on which the proceedings are based first come to the
knowledge of the minister.

Restitution

47If a person is convicted of an offence under this Act, then, in addition to any
other penalty, the court may order the person convicted to pay compensation or make
restitution.

Part 6 — General Provisions

Ministerial delegation

48The minister may delegate in writing to any employee of the Environmental
Assessment Office any power or duty conferred or imposed on the minister under this
Act.

Assessment of policies and practices

49The minister may direct the Environmental Assessment Office, in accordance with
terms of reference established by the minister,

(a) to undertake an assessment of any policy, enactment, plan, practice or procedure
of the government, and

(b) to provide a report and recommendations to the minister at the conclusion of the
assessment.

Power to make regulations

50(1) The Lieutenant Governor in Council may make regulations referred to in
section 41 of the Interpretation Act.

(2) In addition to regulations under subsection (1), the Lieutenant Governor in Council may make regulations as follows:

(a) prescribing time limits not otherwise provided for under this Act for things
required or permitted to be done under this Act, which time limits may differ for
different categories of projects, events or circumstances;

(b) prescribing

(i) the fees for applications for certificates under section 16 (1) or (6), or
for applications under section 19 to amend certificates, and

(ii) the fees and charges to be paid in respect of other matters connected with
the administration of this Act;

(c) prescribing information required for the purposes of an application under
section 16 for an environmental assessment certificate;

(d) respecting the form and content of applications for certificates;

(e) prescribing procedures for consulting persons and organizations under section
11 (2) (f) and (g), including but not limited to the public, first nations, government
agencies and neighbouring jurisdictions;

(f) prescribing general policy requirements to be taken into account and reflected
in an assessment;

(g) for the purposes of section 23,

(i) prescribing the procedures under which

(A) applications for approvals under other enactments may be considered,
and

(B) the approvals may be issued subject to conditions,

as part of, or in conjunction with, an environmental assessment certificate
issued under this Act,

(ii) specifying the approvals under other enactments that are eligible for
concurrent review,

(iii) specifying requirements to be followed by the proponent in applying for
concurrent review of applications for approvals under other enactments,
and

(iv) prescribing duties of a ministry receiving an application for an approval
under another enactment that is filed in compliance with section 23, including the
time limits within which

(A) the ministry must inform the proponent and the executive director of its
decision on the application, and

(B) if the ministry has decided to issue the approval, the approval must be
issued;

(h) prescribing additional powers and duties of the executive director;

(k) providing that a provision of this Act, or of the regulations, does not apply
to or in respect of reviewable projects, and prescribing circumstances in which or
conditions on which the provision is made inapplicable under this
paragraph.

(3) A regulation made under subsection (2) may

(a) be made applicable generally or to a specific category of reviewable
project,

(b) categorize reviewable projects for the purpose of the regulation,
and

(c) provide differently for different categories of reviewable
projects.

Transitional provisions

51(1) This Act does not apply to any activity, construction, operation, modification,
dismantling or abandonment that, immediately before this subsection comes into
force,

(2) This Act does not apply to any activity, construction, operation, modification,
dismantling or abandonment that, on the date this subsection comes into force, has not
been substantially started and

(a) is the subject of a proposal that is being made by a person who is designated
by regulation or is within a prescribed class of persons, or

(b) is the subject of a proposal and is a project that is designated by regulation
or is within a prescribed class of projects.

(3) An assessment of a project must be continued and disposed of under this Act as
an application for an environmental assessment certificate if, immediately before this
subsection comes into force, the project is a reviewable project under the Environmental Assessment Act, R.S.B.C. 1996, c. 119, and a review of an application under section 7 of that Act is in progress.

(4) Subject to subsection (2), an assessment of a project must be
undertaken or continued and disposed of under this Act if,

(a) immediately before this subsection comes into force, the project

(i) is a type of project for which one or more approvals under other enactments
are required,

(ii) is the subject of an existing proposal made by a person who does not have
all of the required approvals under other enactments, and

(b) on the date this subsection comes into force, the project is a reviewable
project under this Act.

(5) The executive director may make an order

(a) specifying the step in the environmental assessment process under this Act to
which a project described in subsection (3) or (4) must proceed,
or

(b) varying the review process to the extent necessary to accommodate the review
under this Act of that project.

(6) The executive director must give reasons for an order made under subsection
(5) and may attach conditions to the order.

(7) Records that before the coming into force of this subsection were filed or
submitted under the Environmental Assessment Act, R.S.B.C. 1996, c. 119, may be accepted by the executive director in full or partial
fulfillment of the requirements of this Act.

(8) Any certificate, order, approval or decision that, immediately before the coming
into force of this subsection, is in effect under the Environmental Assessment Act, R.S.B.C. 1996, c. 119,

(a) is deemed to have been issued under this Act, and

(b) subject to subsection (9), continues in force until it expires
or, under this Act, is suspended or cancelled.

(9) An energy operation certificate or energy project certificate under the
Utilities Commission Act, S.B.C. 1980, c. 60, an order issued under section 19 (1) of that Act, a mine development certificate or mine
operation certificate under the Mine Development Assessment Act, S.B.C.
1990, c. 55, or an approval given as part of the major project review process, if the
certificate, order or approval is in effect immediately before the coming into force of
this subsection, remains in effect, despite its term or expiry date, for the life of the
project in respect of which it was issued, unless it is suspended or cancelled under
this Act.

(10) During the 6 month period beginning on the date this subsection comes into
force, the executive director, with respect to a certificate that remains in effect
under subsection (8), by order may remove or amend any condition that requires
the holder of the certificate, for the life of the certificate, to seek the written
consent of the minister before materially altering the project that is the subject of
the certificate.

Consequential Amendments

[Note: See Table of Legislative Changes for the status of sections 52 to 58.]